Fair Work Ombudsman
Citation: FWO-2023-09-28-cfmmeu-pacific-motorway-penalty-media-release
At a glance
- Respondent
- Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
- Penalty
- $66,500
What happened
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and a former official, Dean Reilly, have been penalised for breaching right of entry laws. The breaches occurred at a Pacific Motorway construction site near Gold Coast, Queensland, in April 2021. the Applicant failed to comply with site rules requiring visitors to be accompanied by an inducted representative. He entered work areas without supervision. The Australian Building and Construction Commissioner (ABCC) initially commenced legal action, which later transferred to the Fair Work Ombudsman.
What was decided
The Federal Court imposed penalties of $58,000 on the CFMMEU and $8,500 on the Applicant for unlawful conduct. Justice David Thomas described the conduct as deliberate and dangerous, and the penalties are intended to deter future breaches of right of entry laws. the Commissioner stated that court penalties reinforce the seriousness of these breaches. Proceedings against another CFMMEU official, Paul Fitzpatrick, were discontinued.
What it means for employers
Employers in the building and construction industry must ensure compliance with right of entry laws and site access protocols. This includes ensuring visitors are appropriately accompanied. The Fair Work Ombudsman will investigate and take action against those who violate these laws.
What it means for employees
Employees should be aware of their rights and obligations regarding site access and union representation. If employees suspect breaches of right of entry laws, they can report them to the Fair Work Ombudsman.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections